The main legal point established in the judgment is the requirement for the prosecution to provide reliable evidence, including witness testimonies consistent with other evidence, to establish the guilt of the accused beyond a reasonable doubt.

( 1 ) BISHUN Dayal, Jagdish, Ram Autar, all residents of Village Achrauda, Police Station nababgaj, District Farrukhabad and Lai Singh, resident of Village Guthia, Police Station nawabgaj, District Farrukhabad have challenged the correctness of their conviction and sentences recorded in Sessions Trial No. 352 of 1980, State v. Bishun Dayal and Ors. by Second additional Sessions Judge, District Farrukhabad. By the impugned judgment, the second additional Sessions Judge has convicted and sentenced them under Section 147 I. P. C. for one year R. I. , under Section 307/149 I. P. C. for five years R. I. and under Section 302/149 I. P. C. for life imprisonment.

( 2 ) DURING the pendency of this appeal Bishun Dayal appellant No. 1 died and consequently his appeal abated on 12. 12. 2005. Under the same order Sri Vinay Saran, learned counsel representing appellant Nos. 2 and 4 has been appointed as amicus curiae for Ram Autar appellant no. 3 because he has been reported to be absconding.

( 3 ) THE prosecution case as is perceptible from F. I. R. lodged by Munni Lal P. W. I is that in between the night of 16/17. 4. 1980 he and his family members were sleeping in their house and his cousin brother Puttoo Lal was sleeping in hutment in front of the house. At about 12. 00 in the night shrieks of Ram Das echoed that he had been caught by the miscreants. Informant and his sister-in-law (Bhabhi) rushed to save Ram Das but they were also fired at. The accused also started catching hold of Puttoo Lai who was under his quilt but he pleaded to take away whatever they wanted instead of assaulting him. The miscreants retorted that they had not come for committing dacoity but to avenge the enmity of siding with Ram Das and shot at in his neck. Amongst the accused, the present four appellants ( out of whom Bishun Dayal is dead) were named by the informant and other witnesses and rest were stated to have been seen very well. On hue and cry being raised, Brindaban son of Lochan Lohar, Pyare Lal son of Baldev Jatav, jagdish son of Ranjeet Dhobi and other family members of the informant rushed at the spot armed with lathis, dandas and torches. The accused made their escape good towards north. The informant had enmity with Bishun Dayal as he had insulted his sister Sontara two or three days prior to the incident and an scuffle had ensued between them. Bishun Dayal had threatened him with life and motivated by that the above incident was committed by the appellants.

( 4 ) WHEN the informant was bringing the injured to the police station on two bullock carts, Ram das breathed hislast near Ramtal in Village Kaqauli. Informant got the F. I. R. scribed by malkhan Singh (not examined in the case) and lodged it at the police station Nababgaj at 12. 05 noon after covering a distance of ten miles north. Head Constable, Sultan Singh, P. W. 2, prepared the Chik Ex. Ka 2, G. D. entry Ex. Ka 3 and Chitthi Mazroobi of the three injured Puttoo Lai, Smt. Sharda Devi and Munni Lai (informant) and sent two of them Smt. Sharda Devi and Munni Lai for medical examination through Constable Raja Ram to Government Hospital, Nababgaj but held back Puttoo Lai. S. I. Babu Ram Yadav, P. W. 8 was entrusted with the investigation, who conducted the inquest on the dead body outside the police station, prepared the inquest memo ex. Ka 8. He took the underwear and Baniyan of the deceased in possession and prepared its recovery memo Ex Ka 9. After preparing other documents exhibited as Ex. Ka 10 to Ka 13 (Photo Lash, Challan Lash etc.) he handed over the dead body to Constables Shanti Swamp p. W. 4 and Mahesh Singh (not examined) for postmortem at 1. 15 P. M. Not finding the injured in the hospital, he proceeded for the spot accompanied by two constables and reached there at quarter to four in the afternoon where he recorded the statements of witnesses Brindaban, Pyare lai etc and made recovery of empty cartridges and prepared its recovery memo Ex. Ka 14. He conducted the